Goto previous pageGoto next page
pg. 72

Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION
Subchapter IV. Life Interest in Personalty Where Will Appoints No Trustee to Administer

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (2093)

Subchapter V. Foreign Representatives (2094)(Text)

Sec. 1561. Definitions. (2095)(Text)

As used in this subchapter, the following definitions shall apply: (2096)

(1) "Local administration" means administration by a personal representative appointed in this State pursuant to appointment proceedings described in this title. (2097)

(2) "Local personal representative" includes any personal representative appointed in this State pursuant to appointment proceedings described in this title and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to Sec. 1566 of this title. (2098)

(3) "Personal representative" includes executor, administrator, administrator with the will annexed and successor personal representatives and persons who perform substantially the same function under the law governing their status. (2099)

(4) "Resident creditor" means a person domiciled in, or doing business in this State, who is, or could be, a claimant against an estate of a nonresident decedent. (2100)

(59 Del. Laws, c. 384, Sec. 1.) (2101)

Sec. 1562. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. (2102)(Text)

At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of property of such nonresident decedent or having possession or control of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the property or the instrument evidencing the debt, obligation, stock or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of appointment and an affidavit made by or on behalf of the representative stating: (2103)

(1) The date of the death of the nonresident decedent; (2104)

(2) That no local ancillary administration, or application or petition therefor, is pending in this State; (2105)

(3) That the domiciliary foreign personal representative is entitled to payment or delivery. (2106)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2107)

Sec. 1563. Payment or delivery discharges. (2108)(Text)

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative. (2109)

(59 Del. Laws, c. 384, Sec. 1.) (2110)

Sec. 1564. Resident creditor notice. (2111)(Text)

Payment or delivery under Sec. 1562 of this title may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative. (2112)

(59 Del. Laws, c. 384, Sec. 1.) (2113)

Sec. 1565. Proof of authority and bond. (2114)(Text)

If no local ancillary administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with the Register of Wills in this State in a county in which property belonging to the decedent is located exemplified copies of the domiciliary foreign personal representative's appointment and of any official bond given. (2115)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2116)

Sec. 1566. Powers. (2117)(Text)

A domiciliary foreign personal representative who has complied with Sec. 1565 of this title may exercise as to assets in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally and provided that such domiciliary foreign personal representative complies with Sec. 1905 of this title governing the filing of an inventory and appraisal of estate assets consisting of tangible personal property and real estate actually situated within this State. (2118)

(59 Del. Laws, c. 384, Sec. 1; 75 Del. Laws, c. 97, Sec. 2.) (2119)

Sec. 1567. Power of representatives in transition. (2120)(Text)

The power of a domiciliary foreign personal representative under Sec. 1562 or Sec. 1565 of this title shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Sec. 1566 of this title, but the Court of Chancery may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceeding in this State. (2121)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2122)

Sec. 1568. Ancillary and other local administrations; provisions governing. (2123)(Text)

In respect to the local administration of the estate of a nonresident decedent, the provisions of this title govern: (2124)

(1) Proceedings, if any, before a Register of Wills or the Court of Chancery in this State, for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concerning the estate; and (2125)

(2) The status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributors and others in regard to a local administration. (2126)

Goto previous page72Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.